
videobear
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May 23, 2005, 10:36 AM
Post #37 of 38
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Re: [kirklandvideo] Bold Customers - boasting about copying YOUR video
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Jeff, It's a very complex issue. Here in the USA, if you are an employee, your employer owns the rights to your work, just as you say. But most event videographers qualify as "independent contractors" in the eyes of the law...and independent contractors own the rights to their work, unless it's otherwise stated in their contract. On the other hand, the people in the video own the rights to their likeness, and therefore the videographer should obtain talent releases from them in order to clear his rights...but can you imagine giving a bride a sheaf of talent releases and asking her to hand them out to her friends and relatives? For recitals, other aspects come into play. The songs the dancers perform to are themselves copyrighted. While the recital organizer has probably obtained performance rights, she has likely NOT obtained synchronization rights, so you are in copyright violation when you record those dance numbers. Moreover, many dance recitals take place in halls that have a union contract with the support personnel...stage hands, sound board operators, lighting crew, etc...and the union may very well have issues regarding recording performances. I always have a clause in my contracts that deals with who owns the rights, just to make things perfectly clear. This clause will vary, depending on the project, but for weddings, it states that I hold the rights. As for unauthorized copying, I agree with BobA that for small-volume projects like weddings, it makes sense to make as many discs as the client wants, right up front. For volume-based sales, a number of approaches exist to help protect your income, but certainly the ready availability of DVD copiers has made it more difficult to keep the pirates at bay. Regards, Doug Graham Panda Productions
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